Land transactions in Kenya are complex at the best of times, and when succession law enters the picture, the stakes rise even higher. A recent Court of Appeal case of Musa v Musa & 6 others (Civil Appeal 264 of 2019) [2025] KECA 1283, the Estate of Musa Omurwa made it clear: buyers, banks, and estate administrators must be extra careful with property linked to inheritance.
A land search alone is not enough; you must also check where the title came from and whether the succession process was done properly.
Background
The late Musa Omurwa’s land was sold to third parties before the court had confirmed who could legally manage his estate (Grants of Letters of Administration). That land was then used to secure a Kes. 20 million loans from Family Bank.
His family challenged the sale, and the Court of Appeal ruled:
- Any sale of property before confirmation of grants is illegal and invalid.
- Administrators are supposed to protect the estate, not dispose of it. Selling the land was therefore an interference with the deceased’s estate.
- Buyers cannot rely only on a “clean” land search, they must also check the succession process. In this case, they were not Bonafide purchasers for value (an innocent buyer).
- Since the title was defective, the bank’s charge also collapsed. The court stressed that lenders must verify succession documents before approving loans.
It didn’t stop there.
- The land was returned to the late Musa Omurwa’s estate so it could be shared among his rightful heirs.
- Every action recorded on the land (sale or loans) was cancelled.
Key takeaways for various stakeholders
- For beneficiaries: You’re protected by law. No one can sell or use estate property before the court officially confirms who can manage it.
- For buyers: A land search isn’t enough. Always dig deeper into the history of the title and check the succession process before buying.
- For financiers: Be thorough. Check succession documents and the title’s history carefully, because if the title is defective, your loan security won’t hold.